Important Court Decision in St. Lucie County: Property Owners Not Liable for Landscaping Hazards

CSK Appellate
Fort Lauderdale West Partner Michael Rosenberg

Case Summary
The Plaintiff, a resident at an apartment complex in St. Lucie County, FL, filed a lawsuit against the property owner and the property management company (Defendants) after tripping and falling in a grassy area near the trash compactor. The Plaintiff chose to walk across the grass instead of using the nearby concrete sidewalk, claiming that a hidden hole caused the injury.

The trial court reviewed evidence including video footage, photographs, and testimony from both the Plaintiff and employees of the property management company. The court found that the grassy area was not intended for pedestrian use and that the sidewalk provided a safe, intended route. There was no evidence of a well-worn path or signs that the grassy area was meant for walking.

Appellate Strategy
On appeal, Mr. Rosenberg focused his strategy on established Florida law: property owners are not liable for injuries that occur when someone chooses to walk through landscaping features instead of designated walkways. They argued that the condition of the grass was obvious and not inherently dangerous, and that the Defendants had no duty to maintain the area for pedestrian use or to warn about open and obvious conditions.

Mr. Rosenberg addressed the Plaintiff’s reliance on Google Earth images and other circumstantial evidence, arguing that such evidence was speculative and did not prove the Defendants knew about any dangerous conditions. They emphasized that liability cannot be based on conjecture or “stacking” inferences without direct proof.

Decision
The Fourth District Court of Appeal affirmed that property owners and managers are not liable for injuries in landscaping areas not intended for walking if safe sidewalks are available. This decision clarifies that Defendants have no duty to warn or maintain natural features like grass or small depressions, protecting property owners from liability when residents or visitors choose shortcuts instead of designated paths. It sets a clear precedent in Florida and reminds everyone to use provided walkways for safety.